Terms of Sales
ARTICLE ONE – SCOPE OF APPLICATION
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by Fabuleuse Shop (“the Seller”) to non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“The Products”) on the website:
https://fabuleuseshop.com/ specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.
The following Products offered for sale on the website https://fabuleuseshop.com/ are:
WOMEN'S CLOTHING
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://fabuleuseshop.com/ The Customer is required to read them before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://fabuleuseshop.com/ are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
Trade name: Fabuleuse Shop Registered with the INPI
Company name: FABULEUSE SHOP
RCS registration: 909 244 550
Legal form: Personal commercial business
Head office address: 7 place de l’hôtel de ville / Aulnay-sous-bois 93600
Customer Service: fabulousshop@gmail.com
Contact details of the host: OVH (SAS with capital of €10,000,000)
Head office: 2 rue Kellermann – 59100 Roubaix – France.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website https:/ /fabuleuseshop.com/
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in proving his identity, at 2 rue Kellermann – 59100 Roubaix – France.
The products presented on the website https://fabuleuseshop.com/ are offered for sale in the following territories: mainland France including Corsica, the continental islands, the overseas departments (Mayotte included), the Overseas communities with special status and member states of the European Union.
In the event of an order to a country other than mainland France, the Customer is the importer of the product(s) concerned.
For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 – Orders
a) Placing an order
It is up to the Customer to select the Products he wishes to order on the website https://fabuleuseshop.com/ , according to the following terms:
– Select the product
– Add to cart
– Validate the basket
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Buyer by email and after receipt by the latter of the full price.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website https://fabuleuseshop.com/ constitutes the formation of a contract concluded remotely between the Customer and the Seller. The Customer will be able to follow the progress of their order on the website https://fabuleuseshop.com/
Any order validation constitutes acceptance of the general conditions of sale.
The Seller does not intend to sell the Products on the professional website https://fabuleuseshop.com/ , but only to consumers, for their personal needs.
If you wish to limit your product sales: The Seller therefore reserves the right to refuse orders for the same Product in large quantities - and comprising more than "5 identical items".
b) Availability of products
All product orders are subject to product availability. In this sense, in the event of supply difficulties or if the products are no longer in stock, we will reserve the right to inform you about the possibility of ordering replacement products of the same or greater quality or value. . If you do not wish to order these replacement products, we will refund any amount you may have paid.
c) Refusal to process an order
Fabuleuse Shop reserves the right to contact the customer and ask for supporting documents (identity document, etc.) in the event of suspicion of fraud. Without response from the customer: the order will be canceled and the funds received for said order refunded.
ARTICLE 3 – Prices
The Products are supplied at the current prices appearing on the website https://fabuleuseshop.com/ when the order is registered by the Seller. Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any reductions that may be granted by the Seller on the website https://fabuleuseshop.com/
These prices are firm and cannot be revised during their period of validity, as indicated on the website https://fabuleuseshop.com/ the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the website https://fabuleuseshop.com/ calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 4 – Payment conditions:
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment method, according to the following terms:
- by credit card :
- Stripe (credit card payment)
The Customer expressly acknowledges that the communication of his bank card number constitutes authorization to debit his account for the amount of the items ordered.
No banking data is recorded on our site, its information is processed by payment systems.
We do not store customer credit card details on our website.
In addition, the seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the customer.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France including Corsica, the continental islands, the overseas departments (Mayotte included), the Overseas Communities with special status and the Member States of the European Union.
Delivery will be made by Mondial Replay to the address indicated by the Customer when ordering on the website https://fabuleuseshop.com/
Mondial Relay will make every effort to deliver packages within an average of 3 working days from pick-up for delivery to a Point Relais® | Locker in mainland France.
Likewise, for deliveries to Point Relais® or to your home (first presentation of the package), Mondial Relay will make every effort to deliver the packages within an average time of 3 to 6 working days depending on the destinations.
* Delivery is free for purchases over €100 in mainland France.
The costs then vary depending on the international zone defined by Mondial Relay:
– Flat rate price of €5 for the France Zone regardless of the number of items
– Flat rate price of €7 for the Belgium/Spain/Luxembourg zone regardless of the number of items
Delivery times may vary in the event of force majeure (bad weather, strikes, etc.). Products are delivered from Monday to Friday, during office hours, with the exception of national holidays. The items are shipped in closed bags. An e-mail is sent to the Customer as soon as their order is delivered to the Postal Service. Delivery is considered completed when the package is made available to the Customer at the address indicated on the order form.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
However, these deadlines are communicated for informational purposes only. However, if the Products ordered have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request. under the conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, to the address mentioned (relay point) by the Customer when ordering and to which the carrier can easily access.
In the event of failure to claim the package within the allotted time (deposited with a merchant, post office, etc.) or in the case of an error in the delivery address indicated by the customer: Fabuleuse Shop reserves the right to invoice to his customer the reshipment of the package. (postal rates in force)
When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier as soon as he has delivered the Products sold to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the delivered products. He has a period of 7 days from delivery to formulate by registered mail with acknowledgment of receipt any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all supporting documents. related (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 211-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 6 – TRANSFER OF PROPERTY – TRANSFER OF RISKS
The transfer of ownership of the seller's products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products.
Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the customer takes physical possession of the products. The products therefore travel at the Seller's risk (article L.138-4 of the Consumer Code).
ARTICLE 7 – RETURN POLICY
a) Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be returned. The right of withdrawal can be exercised online, using the withdrawal form available on the website https://fabuleuseshop.com/ in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to retract.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased. Shipping costs will not be refunded. Return costs remaining the responsibility of the Customer. The refund will be made within 14 days of receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
For obvious hygiene reasons: accessories are neither returned nor exchanged.
Sale items cannot be returned or exchanged.
To exercise your right of withdrawal, please inform Fabuleuse Shop of your decision by an unequivocal written declaration.
The withdrawal period is respected if you send your letter informing us of your decision to exercise your right of withdrawal before the expiration of this withdrawal period.
a) Return request
For obvious hygiene reasons: accessories are neither returned nor exchanged.
Sale items cannot be returned or exchanged.
Registration of the return request is mandatory. It is carried out via the following procedure:
- Read our returns form and attach it to the package with the requested information.
- Sending parcels only via MONDIAL RELAY.
Once validated by us, it will be up to the customer to return the package to the address indicated on the return slip to print. Return costs are the responsibility of the customer. If you wish to exchange we do not cover the shipping costs of the new order.
Return address :
PICKUP POINT
The relay point will be indicated on the return email.
PLEASE NOTE: The return period is 14 days from receipt of your package. If applicable, the return will be refused and returned to the sender. Any packages left elsewhere than at the relay point mentioned in the returns form will not be processed. All returns must be made via Mondial Relay, otherwise no refunds can be made. Any package that has not been collected from its relay point and returned to us cannot be refunded.
ARTICLE 8 – RESPONSIBILITY OF THE SELLER – GUARANTEE
The Products sold on the website https://fabuleuseshop.com/ comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
– the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the terms defined in article 9 hereof Terms and conditions.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 7 days from delivery of the Products or the existence of hidden defects within a maximum period of 7 days from their discovery.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller cannot be held liable in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 – LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
A) Consumer information
Article L. 111-1, 4º of the Consumer Code provides that:
“Before the consumer is bound by a contract for the sale of goods or the provision of services, the professional communicates to the consumer, in a readable and understandable manner, the following information:
4º Information relating to the existence and implementation methods of guarantees and other contractual conditions. The list and precise content of this information are fixed by decree of the Council of State.
Article R. 111-1, c) of the Consumer Code provides that:
“For the application of 4º of article L. 111-1, the professional communicates to the consumer the following information:
c) If applicable, the existence and terms of exercise of the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of this code and that of defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code as well as, where applicable, the commercial guarantee and after-sales service within the meaning respectively of articles L. 211-15 and L. 211-19 of this code ".
Article L. 133-3 of the Consumer Code provides that:
“The general conditions of sale applicable to consumer contracts mention:
1º According to the terms established by order of the Minister responsible for the economy, the existence, conditions of implementation and content of the legal guarantee of conformity and the guarantee relating to defects in the thing sold, owed by the seller ;
2º Where applicable, the existence of a commercial guarantee and after-sales service”.
All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
b) Implementation of the guarantee of conformity
Article L. 211-4 of the Consumer Code states that:
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 211-5 of the Consumer Code states that:
“To comply with the contract, the property must:
1º Be suitable for the use usually expected of a similar good and, where applicable: — correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model ;
— present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 211-12 of the Consumer Code provides that:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods”.
If you wish to implement the legal guarantee of non-conformity, you must contact the company whose brand and contact details are pre-printed on the front.
When acting as a legal guarantee of conformity, the consumer:
— benefits from a period of two years from the delivery of the goods to take action;
— can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
— is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
c) Implementation of the guarantee against hidden defects
Article 1641 of the civil code provides that:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known about them.
Article 1648 of the civil code provides that:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
The consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.
ARTICLE 10 COMPUTER AND FREEDOMS
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website https://fabuleuseshop.com/ is subject to a declaration to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the website https://fabuleuseshop.com/
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the website https://fabuleuseshop.com/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) with a view to providing the Services to the Client.
The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.
ARTICLE 12 – APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 13 – DISPUTES
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. cons. art. L 534-7) or with existing sectoral mediation bodies , and whose references appear on the website https://fabuleuseshop.com/ to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 14 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in articles L111-1 to L111-7, and in particular :
– – the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; –
– the price of the Products and related costs (delivery, for example);
– in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product;
– information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,
– information relating to legal and contractual guarantees and their implementation methods;
– the functionalities of the digital content and, where applicable, its interoperability;
– the possibility of resorting to conventional mediation in the event of a dispute;
– information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions.
The fact for a natural person (or legal entity) to order on the website www.fabuleuseshop.com implies full and complete adherence and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to avail itself of any contradictory document, which would be unenforceable against the Seller.